ORDER PROHIBITING PUBLICATION OF NAME OR IDENTIFYING PARTICULARS OF PLAINTIFF
IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CIV: 2011-404-002780 [2012] NZHC 2352
BETWEEN A Plaintiff
ANDGOOGLE NEW ZEALAND LTD Defendant
Hearing: 5 March 2012
Counsel: M F McClelland for plaintiff
T J Walker/S L Jackson for defendant
Judgment: 12 September 2012
JUDGMENT OF ASSOCIATE JUDGE ABBOTT
This judgment was delivered by me on 12 September 2012 at 5.00 pm, pursuant to Rule 11.5 of the High Court Rules.
Registrar/Deputy Registrar
Date……………
Solicitors:
P Ryder-Lewis, Bartlett Law, PO Box 1852, Wellington for plaintiff
T J Walker, Simpson Grierson, Private Bag 92518, Auckland for defendant
Counsel:
M F McClelland, PO Box 10-242, Wellington for plaintiff
A V GOOGLE NEW ZEALAND LTD HC AK CIV: 2011-404-002780 [12 September 2012]
[1] This proceeding raises, for the first time in New Zealand, the question of responsibility of a search engine service provider for the content of information on third party websites accessed from search results.
[2] The plaintiff is a medical practitioner who practices as a psychiatrist. Defamatory statements about him have been posted on a website in the United States hosted by a third party to which the public is directed when his name is searched on the internet, using what is known as a search engine accessed through the internet domain name The search results include reference to the defamatory material, and link to the third party website.
[3] The plaintiff says that the defendant has defamed him by publishing, in the search results, information purportedly about him taken from the offending websites and what is known as a hyperlink to the websites with the defamatory material. He seeks summary judgment against the defendant on the basis that the information is clearly defamatory and that the defendant is aware that the information and hyperlinks are being produced in the search results. The defendant appears to have removed reference to them in search results on occasion, but has failed to prevent the information and hyperlinks from being re-published.
[4] The defendant opposes the plaintiff’s application, and cross applies for summary judgment itself. It says that the plaintiff has the wrong defendant, in that its ultimate parent company, Google Inc (incorporated and resident in the United States of America), owns and operates the search engine. Secondly, it says that publication by a search engine provider of results of an inquiry (in which information is generated automatically from the billions of websites on the internet) does not amount to publication.
[5] I apologise to counsel for the delay in delivery of this judgment, which is due to a combination of volume of work and the wish to give the matter particularly careful consideration in light of the significant for both parties.
[6] A suppression order is in place in respect of the name of the plaintiff. I have avoided naming the offending websites to avoid the plaintiff being identified through them.
Background
[7] The defendant is an indirect subsidiary of Google Inc, a company…
Keep reading for free
Create a free CaseChat account to read A v Google New Zealand Ltd and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2012] NZHC 2352
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.